Session of 1999
SENATE BILL No. 137
By Committee on Ways and Means
1-26
9 AN ACT concerning state workers compensation self-insurance fund;
10 amending K.S.A. 44-575 and repealing the existing section.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 44-575 is hereby amended to read as follows: 44-
14 575. (a) As used in K.S.A. 44-575 through 44-580, and amendments
15 thereto, "state agency" means the state, or any department or agency of
16 the state, but not including the Kansas turnpike authority, the university
17 of Kansas hospital authority, any political subdivision of the state or the
18 district court with regard to district court officers or employees whose
19 total salary is payable by counties.
20 (b) For the purposes of providing for the payment of compensation
21 for claims arising on and after July 1, 1974, and all other amounts required
22 to be paid by any state agency as a self-insured employer under the work-
23 ers compensation act and any amendments or additions thereto, there is
24 hereby established the state workers compensation self-insurance fund in
25 the state treasury. The name of the state workmen's compensation self-
26 insurance fund is hereby changed to the state workers compensation self-
27 insurance fund. Whenever the state workmen's compensation self-insur-
28 ance fund is referred to or designated by any statute, contract or other
29 document, such reference or designation shall be deemed to apply to the
30 state workers compensation self-insurance fund.
31 (c) The state workers compensation self-insurance fund shall be liable
32 to pay: (1) All compensation for claims arising on and after July 1, 1974,
33 and all other amounts required to be paid by any state agency as a self-
34 insured employer under the workers compensation act and any amend-
35 ments or additions thereto; (2) the amount that all state agencies are liable
36 to pay of the "carrier's share of expense" of the administration of the
37 office of the director of workers' compensation as provided in K.S.A. 74-
38 712 through 74-719, and amendments thereto, for each fiscal year; (3) all
39 compensation for claims remaining from the self-insurance program
40 which existed prior to July 1, 1974, for institutional employees of the
41 division of mental health and retardation services of the department of
42 social and rehabilitation services; (4) the cost of administering the state
43 workers compensation self-insurance fund including the defense of such
44 fund and any costs assessed to such fund in any proceeding to which it is
45 a party; and (5) the cost of establishing and operating the state workplace
46 health and safety program under subsection (f). For the purposes of
47 K.S.A. 44-575 through 44-580, and amendments thereto, all state agen-
48 cies are hereby deemed to be a single employer whose liabilities specified
49 in this section are hereby imposed solely upon the state workers com-
50 pensation self-insurance fund and such employer is hereby declared to
51 be a fully authorized and qualified self-insurer under K.S.A. 44-532, and
52 amendments thereto, but such employer shall not be required to make
53 any reports thereunder.
54 (d) The secretary of administration shall administer the state workers
55 compensation self-insurance fund and all payments from such fund shall
56 be upon warrants of the director of accounts and reports issued pursuant
57 to vouchers approved by the secretary of administration or a person or
58 persons designated by the secretary. The director of accounts and reports
59 may issue warrants pursuant to vouchers approved by the secretary for
60 payments from the state workers compensation self-insurance fund not-
61 withstanding the fact that claims for such payments were not submitted
62 or processed for payment from money appropriated for the fiscal year in
63 which the state workers compensation self-insurance fund first became
64 liable to make such payments.
65 (e) The secretary of administration shall remit all moneys received by
66 or for the secretary in the capacity as administrator of the state workers
67 compensation self-insurance fund, to the state treasurer. Upon receipt of
68 any such remittance the state treasurer shall deposit the entire amount
69 thereof in the state treasury to the credit of the state workers compen-
70 sation self-insurance fund.
71 (f) There is hereby established the state workplace health and safety
72 program within the state workers compensation self-insurance program
73 of the department of administration. The secretary of administration shall
74 implement and administer the state workplace health and safety program
75 for state agencies. The state workplace health and safety program shall
76 include, but not be limited to:
77 (1) Workplace health and safety hazard surveys in all state agencies,
78 including onsite interviews with employees;
79 (2) Workplace health and safety hazard prevention services, including
80 inspection and consultation services;
81 (3) Procedures for identifying and controlling workplace hazards;
82 (4) Development and dissemination of health and safety informa-
83 tional materials, plans, rules and work procedures; and
84 (5) Training for supervisors and employees in healthful and safe work
85 practices.
86 Sec. 2. K.S.A. 44-575 is hereby repealed.
87 Sec. 3. This act shall take effect and be in force from and after its
88 publication in the statute book.